Jenny McAllister (NSW, Australian Labor Party, Minister for Emergency Management) Share this | Hansard source

Senator Hanson, I am not aware of the particulars of the project that you reference, but I can say this about the way that the Environment Protection and Biodiversity Conservation Act works. Essentially, there is a list of things that, if engaged, causes a matter to be referred to the Australian government for consideration. Otherwise, for the most part, decision making about environmental impacts is a matter for the states and territories. So many of the things that are raised—they are often raised in estimates by members of the crossbench, in particular—go to issues that are properly the area of the states and territories, and the Commonwealth doesn't seek to take over those responsibilities.

The EPBC Act covers nine protected matters. If they are engaged to a significant degree, it can be grounds for the Commonwealth to consider those matters. Those matters are world heritage areas; national heritage places; wetlands of international importance that are listed under the Ramsar convention; listed threatened species and ecological communities; listed migratory species protected under international agreements—we are talking about birds; Commonwealth marine areas; the Great Barrier Reef Marine Park; anything to do with nuclear—uranium mines or other nuclear actions; and water resources that relate to coal-seam gas development and large coalmining development. You listed a range of factors that you consider are relevant in relation to this project. I'm not in a position to comment on whether or not they do engage Commonwealth legislation. More generally, I would say to you that in many instances the kinds of questions that you're asking are usually the responsibility of the states and territories.